Pensions Greater Manchester

Pension Sharing When Divorcing

Apart from the family home, sharing the pension during a divorce is extremely crucial. Although the divorce is tough and heart breaking, knowing what value you will be getting will be important so that you can know where to begin in your finances after the divorce is finalized. The pension can be divided in several ways and it is best that you know which ways these are so that you can decide which way to go. Here is an outline of the steps you should follow so that you do not get confused along the way and so that you do not get played.

Find out what pension is to be shared

So that you know exactly what pension plans you will be dividing, get a pen and paper and write down all the pension you and your ex- partner have. This will help you when you go to find out what rules the pension plan scheme has when you are dividing the pension and how long it will take. It will also tell you what organizations to go to. So write down the pension both of you have.

In England, the rules regarding pension division states that you will have to divide all the pension you have regardless of whether you go it when you two were separated or before you got married. All pension must be divide except for the basic state pension. These rules may vary from location to location with some only requiring you to divide the pension that you acquired during the time you were married. You will need to know what rules are applicable in your area so that you can have an objective list.

There are various ways in which your pension may be divided:

1. Pensi

on sharing

In pension sharing you will get a certain percentage of your partner’s pension. The pension you get will be transferred to a pension plan in your name. this transfer may be made to a different scheme or you may have to open an account at your ex- partners scheme so that it can be transferred to you. In the case where you are getting a pension transfer and you do no belong to any pension scheme, you will have to set up an account so that you can be able to receive the pension money as it will not be given to you in cash.

2. Pension offsetting

In the case of a pension offset, the value of the pension is offset against any other asset. This means that in some instances you may not want to share you pension with your partner because the value of the pension will reduce as it is being transferred. You may therefore preferred that they get a bigger potion of the family home of get your entire half and you keep the pension. In the case is a pension offset certain papers need to be signed so that your partner or you do not change the agreement without the knowledge of the other.

3. Deferred pension sharing

This is much more complicated to set up and may cost you a higher legal fees. It occurs when one of the partners is already receiving their pension payments and the other is either too young to get their pension paid or they have not yet retired. In this case, you will both have to agree to share the pension later on.

4. Deferred lump sum

In this situation, you and your partner may agree that instead of reducing the pension right now, you may wait until the owner of the pension scheme has retired and you may get a lump sum from their scheme. Many people, especially those who do not have a pension scheme to transfer the money or want quick cash will choose this option. It is also a good option for people who have a significant age difference between them such that one cannot receive pension payments soon and the other is just about to retire.

5. Pension attachment order

In this case, you will get part of your partner’s pension when they begin being paid. You may get a lump sum given to you or you may be given monthly payments or both this money however, you will not get to benefit from until your ex has retired.

When both you and your partner have retired and are receiving your pension, or one of you has retired and is already receiving their pension, the rules of sharing are different. This is true because the there is no way to give a lump sum or to share the pension after one has begun to receive it already. To share the pension when both of you have retired, you will need to get a court order so that the you can get an attachment order or deferred lump sum. You and your partner can however decide to offset the pension without a court order.

After both of you have retired, or one of you has retired, the rules become complicated and quite lengthy. You may need a family lawyer so that they can navigate the dissolution and divorce rules.

During a divorce or dissolution, pension is paid in terms of “cash equivalent transfer’ as the schemes value your money as they assume the money is as that being transferred to another account. This amount of money may be a lot less that “fund value’ which is the actual value of your pension because the transfer money will be charged. You can work wi8th your provider so that your pension is paid into a pension pot and not based on the salary based.

The pension payment may also be hard to get an actual value if it is salaried pension. You may discuss with your provider so that they give you a rough overview of what to expect and how to deal with the situation. In all this pension division and sharing, you may want to get the advice or help of a financial adviser or actuary. You should find out your independent valuation before anything else so that you are better prepared.

UK Family Mediation Service can help with pensions and other financial issues when divorcing or separating. Mediation is a cost effective way of resolving issues without the need of Solicitors and Court.

We work with specialist Pension advisors who can help you with your pension. Call us today on 0330 010 1571

Arrange a Call Back

Excellent Job

My married life was totally finished and I thought of ending it but I didn’t want my children to suffer. I went for family mediation service here and now I and my wife are separately bringing up our children with a plan.”

– Peter

Awesome Service

I wanted to opt for a private process that fairly separated our properties, investments and other fixed assets. Since a court’s proceedings would have ended up being too costly, UK Family Mediation’s services were effective and efficient for us.”

– Harry

Good Work Guys

UK Family Mediation provided highly efficient service and far better experience than I had anticipated. Their legal advice was useful too, I would recommend this place to all.